Whether a Rochester driver will be re-issued a New York State driver’s license following a drinking and driving conviction is a decision that is largely in the hands of the Department of Motor Vehicles.

When a driver’s license is revoked for drinking and driving, the DMV will conduct a review of the defendant’s driving history.

Under certain circumstances, the DMV may declare the driver a “Dangerous Repeat Alcohol or Drug Offender” and either refuse to relicense the driver or impose an additional waiting period to apply for a new driver’s license.

This additional period is beyond that required by New York State’s drinking and driving laws.

Under the DMV’s regulations, it may issue a lifetime denial to relicense a driver when that driver has five or more alcohol or drug-related driving convictions.

Where a driver has three or four alcohol or drug-related driving convictions in the past twenty-five years, the DMV may decline to relicense the driver for five years.

Moreover, once his or her driver’s license is renewed, the DMV may require the installation of an ignition interlock device for an additional five years.

In addition to a driver’s license revocation for drinking and driving, there are other circumstances that may trigger a review of the driver’s license, such as a fatal accident or a conviction for certain “high-point” moving violations.

Under such circumstances, the DMV also may issue a lifetime denial to relicense or delay relicensing of the driver based on the current, non-alcohol related, incident combined with prior alcohol or drug-related driving offenses.

A conviction for drinking and driving may have long term implications on a driver’s license.

If you are facing charges for drinking and driving and need an experienced DWI lawyer to help you, please call us at 585-484-7432 for a legal consultation.